48
“They looked at his identity card and shot him dead”
Six months of post-electoral violence in Côte d’Ivoire
5. APPLICABLE INTERNATIONAL LAW
For part of the period covered in this report there has been a non-international armed conflict
in Côte d’Ivoire with parties to the conflict comprizing the forces supporting outgoing
President Laurent Gbagbo and those forces and groups supporting President Alassane
Ouattara. Applicable international law includes international human rights law which is
applicable in both conflict and non-conflict situations and is binding on state actors.
International humanitarian law applies only in situations of armed conflict. Under
international criminal law, individuals who perpetrate certain serious violation of international
humanitarian law or international human rights law can be held criminally responsible.
International humanitarian law
International humanitarian law, also known as the laws of armed conflict, contains the rules
and principles that seek to protect primarily those who are not participating in hostilities,
notably civilians, but also certain combatants, including those who are wounded or captured.
It sets out standards of humane conduct and limits the means and methods of conducting
military operations. Its central purpose is to limit, to the extent feasible, human suffering in
times of armed conflict.
Côte d’Ivoire is a party to the four Geneva Conventions of 1949 and their two Additional
Protocols of 1977: the principal international humanitarian law instruments. Many of the
specific rules included in these treaties, and all of those set out below also form part of
customary international humanitarian law and are thus binding on all parties to any conflict,
including armed groups.31 Violations of many of these rules may amount to war crimes.
A fundamental rule of international humanitarian law is that parties to any conflict must at
all times “distinguish between civilians and combatants”, especially in that “attacks may
only be directed against combatants” and “must not be directed against civilians.”32 A
similar rule requires parties to distinguish between “civilian objects” and “military
objectives”. These rules are part of the fundamental principle of “distinction”.
For the purposes of distinction, anyone who is not a member of the armed forces of a party to
the conflict is a civilian, and the civilian population comprizes all persons who are not
combatants.33 Civilians are protected against attack unless and for such time as they take a
direct part in hostilities.34
Civilian objects are all objects (that is, buildings, structures, places, and other physical
property or environments) which are not “military objectives”, and military objectives are
“limited to those objects which by their nature, location, purpose or use make an effective
contribution to military action and whose partial or total destruction, capture or
neutralisation, in the circumstances ruling at the time, offers a definite military
advantage.”35 Civilian objects are protected against attack, unless and for such time as they
become military objectives because all of the criteria for a military objective just described
Amnesty International May 2011
Index: AFR 31/002/2011